Wakilii

Ssembajjwe Abdul Kiwooma v Uganda Electricity Transmission Company Ltd (Civil Suit 242 of 2022)

High Court · [2025] UGHC 935 · 2025 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objection to jurisdiction raised by defendant in a civil suit for trespass and compensation
Decision
Preliminary objection dismissed; matter to proceed to trial on the merits

Observed later treatment

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Holding

The High Court has jurisdiction to entertain a trespass claim where a licensee under the Electricity Act entered private land and installed transmission lines without prior notice or consent. Section 70 of the Electricity Act confers jurisdiction on the Electricity Regulatory Authority only over compensation disputes where the statutory notice and consent procedures under Section 67 have been followed. Where no notice was given, the landowner may pursue a trespass action in the High Court under its unlimited original jurisdiction. The one-year limitation period in Section 70(2) does not apply to trespass claims outside the Authority's jurisdiction.

Outcome

Preliminary objection dismissed; matter to proceed to trial on the merits

Facts

In January 2018, the defendant, a licensee under the Electricity Act, constructed a Karuma-Kawanda 400KV transmission line through the plaintiff's kibanja (customary land holding) measuring 50ft by 100ft at Kigavu, Luwero District. The plaintiff alleged that the defendant entered and constructed the transmission line without his consent, knowledge, or prior notice, and without compensating him. The plaintiff filed suit in March 2019 seeking a declaration of trespass and compensation. The defendant raised a preliminary objection contending that the High Court lacked jurisdiction because the Electricity Regulatory Authority has exclusive original jurisdiction over electricity-related disputes under Section 70 of the Electricity Act, and that the suit was time-barred under the one-year limitation period in Section 70(2). The defendant's pleadings did not claim that any notice had been given to the plaintiff before entering the land.

Issues

  1. Whether the High Court lacks jurisdiction to entertain the suit on the ground that the Electricity Act vests original jurisdiction over electricity-related disputes by licensees exclusively in the Electricity Regulatory Authority.
  2. Whether the suit is barred by the one-year limitation period prescribed under Section 70(2) of the Electricity Act.

Orders

  • Preliminary objection dismissed.
  • Costs to be in the cause.

Rules and key headnotes

Administrative Law — Jurisdiction — Electricity Regulatory Authority — Scope of Original Jurisdiction — Compensation Disputes
The Electricity Regulatory Authority's jurisdiction under Section 70 of the Electricity Act is limited to resolving disputes concerning the adequacy or entitlement to compensation where a licensee has complied with the statutory notice and consent procedures under Section 67(2), (4) and (5) of the Act.
Land & Property — Trespass — Electricity Transmission Lines — Entry Without Notice or Consent
Where a licensee under the Electricity Act enters private land and installs electric supply lines without giving the statutory notice required by Section 67(4) or obtaining the landowner's consent as required by Section 67(2), the landowner is entitled to pursue a trespass action in the High Court and is not obliged to lodge a compensation claim with the Electricity Regulatory Authority.
Civil Procedure — Jurisdiction — High Court — Unlimited Original Jurisdiction — Article 139(1) of the Constitution
The High Court's unlimited original jurisdiction under Article 139(1) of the Constitution extends to trespass claims arising from unauthorised entry onto private land by statutory licensees, notwithstanding the existence of a specialised administrative tribunal with jurisdiction over related compensation disputes.
Civil Procedure — Preliminary Objections — Jurisdiction — Timing and Procedure — Submission to Jurisdiction
A party who files a defence on the merits without challenging jurisdiction and participates in proceedings by calling witnesses submits to the jurisdiction of the court. A subsequent preliminary objection to jurisdiction raised after the hearing has commenced may constitute an abuse of court process. The proper procedure for challenging jurisdiction is set out in Order 9 Rule 3 of the Civil Procedure Rules.
Statutory Interpretation — Electricity Act — Limitation Period — Applicability to Trespass Claims
The one-year limitation period prescribed by Section 70(2) of the Electricity Act applies only to compensation claims lodged with the Electricity Regulatory Authority and does not bar trespass actions brought in the High Court where the statutory notice and consent procedures were not followed.

Legislation cited (12)

Cases cited (2)

  • Nansubuga Nadia v Uganda Electricity Transmission Company Limited (Civil Suit No. 1013 of 2018)
  • Juma Bitalo v The Attorney General and Another (Civil Suit No. 0150 of 2021)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ssembajjwe Abdul Kiwooma v Uganda Electricity Transmission Company Ltd (Civil Suit 242 of 2022) [2025] UGHC 935 (16 September 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.